Even if the sex was with your consent, it may not prevent him from going to prison. He needs an experienced lawyer ASAP.
John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
He is in very real danger of being charged with sexual battery which will result in a potential prison sentence. He must not speak on the phone or to anyone in person about this because the police will likely try to tape record him confessing. It does not matter who's idea it was or that it was consensual. If the police try to speak with him his only answer should be " I want to talk to an attorney". Tell him to contact an experienced criminal defense attorney IMMEDIATELY.
In Florida, sexual activity with a minor is only unlawful where one person is over 24, and the other is less than 16 years of age. However, there are other circumstances which may have rendered his conduct criminal. He should absolutely consult an experienced defense attorney to review the facts of his case and determine whether criminal charges may be forthcoming.
Your boyfriend needs a very good lawyer. Dont try to settle for some cheap schmuck. His lawyer can explain the local system and give you a roadmap of if and how you and your boyfriend may try to legitimize your relationship. Until such time, I would recommend yall don't do it again.
It sounds like your parents dont see it your way right now. Understand their concerns and viewpoint, and maybe they will eventually calm down and understand yours.
Rape is a forcible crime. It requires the lack of co-operation from the victim. The perpetrator must force himself or herself on the victim. If you only testify that any sexual act was consensual, then your boyfriend cannot be convicted of or arrested for a crime in this case. If the sex, any act, was consensual between you and him, it was lawful, in the State of Florida, for you two to have sex with one another. Your parents cannot do anything about that. Do not lie to the cops, but if you stick with your story, they have no crime. I agree, however, your boyfriend needs to not talk to the cops at all without an attorney. You may want to talk to that attorney also.
Well, there seems to be some difference of opinion among the lawyers who have answered your question, which is healthy I suppose, and not altogether surprising. There is no difference of opinion, though, that the man should get himself a lawyer and do what the lawyer tells him to do, so that much is clear. The question of whether a crime has been committed, or rather, which crime has been committed is a little sticky because the law with regard to sex offenses against children tries to cover a multitude of sins. If he's smart, he'll do what everybody on here says: get a lawyer and let the lawyer do the research on what his exposure is.